WEST VIRGINIA CODE

WVC 6 B- 3 - 1
§6B-3-1. Definitions.
As used in this article, unless the context in which used
clearly indicates otherwise:

(1) "Compensation" means money or any other thing of value
received or to be received by a lobbyist from an employer for
services rendered.

(2) "Employer" or "lobbyist's employer" means any person who
employs or retains a lobbyist.

(3) "Expenditure" means payment, distribution, loan, advance
deposit, reimbursement, or gift of money, real or personal property
or any other thing of value; or a contract, promise or agreement,
whether or not legally enforceable.

(4) "Government officer or employee" means a member of the
Legislature, a legislative employee, the Governor and other members
of the Board of Public Works, heads of executive departments and
any other public officer or public employee under the legislative
or executive branch of state government who is empowered or
authorized to make policy and perform nonministerial functions. In
the case of elected offices included herein, the term "government
officer or employee" includes candidates who have been elected but
who have not yet assumed office.

(5) "Legislation" means bills, resolutions, motions,
amendments, nominations and other matters pending or proposed in
either house of the Legislature and includes any other matters that
may be the subject of action by either house or any committee of the Legislature and all bills or resolutions that, having passed
both houses, are pending approval or veto by the Governor.

(6) "Lobbying" or "lobbying activity" means the act of
communicating with a government officer or employee to promote,
advocate or oppose or otherwise attempt to influence:

(i) The passage or defeat or the executive approval or veto of
any legislation which may be considered by the Legislature of this
state; or

(ii) The adoption or rejection of any rule, regulation,
legislative rule, standard, rate, fee or other delegated
legislative or quasilegislative action to be taken or withheld by
any executive department.

(7) "Lobbying firm" means any business entity, including an
individual contract lobbyist, which meets either of the following
criteria:

(A) The business entity receives or becomes entitled to
receive any compensation, other than reimbursement for reasonable
travel expenses, for the purpose of lobbying on behalf of any other
person, and any partner, owner, officer or employee of the business
entity.

(B) The business entity receives or becomes entitled to
receive any compensation, other than reimbursement for reasonable
travel expenses, to communicate directly with any elected state
official, agency official or legislative official for the purpose
of lobbying on behalf of any other person.

(8)(A) "Lobbyist" means any individual employed by a lobbying
firm or who is otherwise employed or contracts for economic
consideration, other than reimbursement for reasonable travel
expenses, to communicate directly or through his or her agents with
any elective state official, agency official or legislative
official for the purpose of promoting, advocating, opposing or
otherwise attempting to influence:

(i) The passage or defeat or the executive approval or veto of
any legislation which may be considered by the Legislature of this
state; or

(ii) The adoption or rejection of any rule, legislative rule,
standard, rate, fee or other delegated legislative or
quasilegislative action to be taken or withheld by any executive
department.

(B) The term "lobbyist" does not include the following
persons, who are exempt from the registration and reporting
requirements set forth in this article, unless they engage in
activities which would otherwise subject them to the registration
and reporting requirements:

(i) Persons who limit their lobbying activities to appearing
before public sessions of committees of the Legislature, or public
hearings of state agencies, are exempt.

(ii) Persons who limit their lobbying activities to attending
receptions, dinners, parties or other group functions and make no
expenditure in connection with such lobbying are exempt.

(iii) Persons who engage in news or feature reporting
activities and editorial comment as working members of the press,
radio or television and persons who publish or disseminate such
news, features or editorial comment through a newspaper, book,
regularly published periodical, radio station or television station
are exempt.

(iv) Persons who lobby without compensation or other
consideration, other than reimbursement for reasonable travel
expenses, for acting as lobbyists, who are not employed by a
lobbying firm or lobbyist employer, and whose total expenditures in
connection with lobbying activities do not exceed one hundred fifty
dollars during any calendar year, are exempt. The exemptions
contained in this subparagraph and in subparagraph (ii) are
intended to permit and encourage citizens of this state to exercise
their constitutional rights to assemble in a peaceable manner,
consult for the common good, instruct their representatives, and
apply for a redress of grievances. Accordingly, such persons may
lobby without incurring any registration or reporting obligation
under this article. Any person exempt under this subparagraph or
subparagraph (ii) may at his or her option register and report
under this article.

(v) Persons who lobby on behalf of a nonprofit organization
with regard to legislation, without compensation, and who restrict
their lobbying activities to no more than twenty days or parts
thereof during any regular session of the Legislature, are exempt. The Commission may promulgate a legislative rule to require
registration and reporting by persons who would otherwise be exempt
under this subparagraph, if it determines that such rule is
necessary to prevent frustration of the purposes of this article.
Any person exempt under this subparagraph may, at his or her
option, register and report under this article.

(vi) The Governor, members of the Governor's staff, members of
the Board of Public Works, officers and employees of the executive
branch who communicate with a member of the Legislature on the
request of that member, or who communicate with the Legislature,
through the proper official channels, requests for legislative
action or appropriations which are deemed necessary for the
efficient conduct of the public business or which are made in the
proper performance of their official duties, are exempt.

(vii) Members of the Legislature are exempt.

(viii) Persons employed by the Legislature for the purpose of
aiding in the preparation or enactment of legislation or the
performance of legislative duties are exempt.

(ix) Persons rendering professional services in drafting
proposed legislation or in advising or rendering opinions to
clients as to the construction and effect of proposed or pending
legislation are exempt.

(9) "Person" means any individual, partnership, trust, estate,
business trust, association or corporation; any department,
commission, board, publicly supported college or university, division, institution, bureau or any other instrumentality of the
state; or any county, municipal corporation, school district or any
other political subdivision of the state.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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